Jimcy S. NavidaBSMarE III-C

International Maritime Law1. Law1. A recognizedcausallinkorprinciplewhoseviolationmust or shouldresultin apenaltyasfailure,injury,loss, or pain.2. Thebindingrulesofconductmeant toenforcejusticeandprescribedutyorobligation, and derived largely fromcustomorformalenactmentby a ruler or legislature. These laws carry with them thepowerandauthorityof the enactor, andassociatedpenalties for failure or refusal to obey. Law derives its legitimacy ultimately from universally acceptedprinciplessuch as the essential justness of the rules, or the sovereign powerof a parliament to enact them.3. Adescriptionof a direct link betweencause and effectof a phenomenon deduced fromexperimentsand/or observations.

2. Maritime Law - A body of laws, conventions and treaties that governs international private business or other matters involving ships, shipping or crimes occurring on open water. Laws between nations governing such things as national versus international waters are considered public international law and are known as the Law of the Seas.Lawrelating toregistration,license, andinspectionproceduresfor ships andshippingcontracts,insuranceandcarriageofgoodsand passengers.

3. Municipal law or Domestic law - Internallawof anindividualstate (which is a part of afederation) or national law of anationstate. Opposite ofinternational law.Isthenational,domestic,orinternallawofasovereignstatedefinedinoppositiontointernationallaw.Municipallawincludesnotonlylawatthenationallevel,butlawatthestate,provincial,territorial,regionalorlocallevels.While,asfarasthelawofthestateisconcerned,thesemaybedistinctcategoriesoflaw,internationallawislargelyuninterestedinthisdistinctionandtreatsthemallasone.Similarly,internationallawmakesnodistinctionbetweentheordinarylawofthestateanditsconstitutional law.4. International law - Body oflegalrulesgoverning interaction betweensovereign states(Public International Law) and therightsanddutiesof thecitizensof sovereign states towards the citizens of other sovereign states (Private International Law). Since there has never been alawmakingbody for international law,ithas been built up piecemeal through accords,agreements,charters,compromises,conventions,memorandums,protocols,treaties, tribunals, understandings, etc. Thestatuteof theInternational Court Of Justice(judicialarm of the UN which has noenforcementpower, and can adjudicate only where both sides agree to abide by itsdecisions) states the basis on which it adjudicatescasesbefore it as "(a) international conventions, whethergeneralor particular, establishing rules expressly recognized by the contesting states; (b) internationalcustom, asevidenceof a generalpracticeaccepted as law; (c) the generalprinciplesof law recognized by civilizednations." It is not 'World Law' but law between consenting sovereign states (eachgovernmentcan decide which law it will adhere to or not) and has not beenableto solve theproblemsof inter-stateaggression,conflict, terrorism, and war. Despite itslimitedapplicability, however, it has played a vitalroleover the centuries indevelopingasystemofproceduresand rules in areas (such as air,land, sea, outer-space,human rights) where onestate'sexistence impinges that of the others. The Generalassemblyof the UN is entrusted with developing international law. Alsocalledlaw of nations.

5. Types of ChartererChartering is one of the most active and busiest processes within the shipping industry. A charter party is a legal contract between two parties (e.g. a shipowner and a charterer) regarding lease and hire of a vessel or all of cargo space or a part of the space. Charter Parties may vary but typically area) A voyage charter:This is the most commonly used Charter Party whichis the hiring of a vessel and crew for a voyage between a loading port and a discharging port. The charterer pays the vessel owner on a per-ton or lump-sum basis. The owner pays the port costs (excluding stevedoring), fuel costs and crew costs. The payment for the use of the vessel is known as freight. A voyage charter specifies a period, known as laytime, for unloading the cargo. If laytime is exceeded, the charterer must pay demurrage. If laytime is saved, the charter party may require the shipowner to pay despatch to the charterer.b) A Contract of Affreightmentis a contract similar to a voyage charter, but ship-owner undertakes to carry a number of cargoes within a specified period of time on a specified route. Agreed frequency of cargoes may require more than one ship.c) A time charteris the hiring of a vessel for a specific period of time; the owner still manages the vessel but the charterer selects the ports and directs the vessel where to go. The charterer pays for all fuel the vessel consumes, port charges, and a daily hire to the owner of the vessel.d) A trip time charteris a comparatively short time charter agreed for a specified route only (as opposed to the standard time charter where charterer is free to employ the vessel within agreed trading areas).e) A Bareboat charter(rarely know as demise charter):This is a typical agreement where there is no maintenance liability or any kind of claim on the vessel by the owner for the period of lease of the vessel.It is an arrangement for the hiring of a vessel whereby no administration or technical maintenance is included as part of the agreement. The charterer obtains possession and full control of the vessel along with the legal and financial responsibility for it. The charterer pays for all operating expenses, including fuel, crew, port expenses and P&I and hull insurance. In commercial demise chartering, the charter period may last for many years; and may end with the charterer acquiring title (ownership) of the ship. In this case, a demise charter is a form of hire-purchase from the owners, who may well have been the shipbuilders. Demise chartering is common for tankers and bulk-carriers.f) Dock charter party: This type of contract is made on the basis of the port or dock where the vessel is received by the charterer upon leasing or the owner while returning. The exchange happens in areas which are essentially suited to the size of vessel and are called commercial area of the port.

6. Owner 1. Apartythat possesses the exclusiverightto hold, use, benefit-from, enjoy,convey,transfer, and otherwise dispose of anassetorproperty.2.Contracts: The party whoawardsa contract for aprojectand undertakes topaythecontractor. Alsocalledcontract owner.3. Anemployeeorexecutivewho has theprincipleresponsibilityfor aprocess,program, or project.7. Contract - Maritime contract refers to a contract relating to a vessel. Maritime contracts are distinct from general contracts. Maritime contract is an agreement pertaining to the operation, navigation, maintenance, and repair or provisioning of a vessel. An action on maritime contract falls within the ambit of the admiralty jurisdiction. The admiralty court can make a legal interpretation of the maritime contract when there is any ambiguity in its language. However, under federal maritime law, a court may not look beyond the written language of the document to determine the intent of the parties unless the disputed contract provision is ambiguous. In reviewing maritime contracts to see if their written language is ambiguous, the court interprets their meaning with respect to their normal and everyday meaning. In the absence of any evidence or argument from the parties as to how to resolve the ambiguity, the court adheres to the principle that an ambiguous provision in a maritime contract is to be construed against the drafter.

8. ISO 9000 and ISO 14000The ISO 9000 and ISO 14000 families are among ISO's most widely known standards ever. ISO 9000 and ISO 14000 standards are implemented by some 760 900 organizations in 154 countries. ISO 9000 has become an international reference for quality management requirements in business-to-business dealings, and ISO 14000 is well on the way to achieving as much, if not more, in enabling organizations to meet their environmental challenges.

The ISO 9000 family is primarily concerned with "quality management". This means what the organization does to fulfil:

- the customer's quality requirements, and- applicable regulatory requirements, while aiming to- enhance customer satisfaction, and- achieve continual improvement of its performance in pursuit of these objectives.

The ISO 14000 family is primarily concerned with "environmental management". This means what the organization does to:

- minimize harmful effects on the environment caused by its activities, and to- achieve continual improvement of its environmental performance.

The vast majority of ISO standards are highly specific to a particular product, material, or process. However, the standards that have earned the ISO 9000 and ISO 14000 families a worldwide reputation are known as "generic management system standards".

"Generic" means that the same standards can be applied:- to any organization, large or small, whatever its product- including whether its "product" is actually a service,- in any sector of activity, and- whether it is a business enterprise, a public administration, or a government department.

"Generic" also signifies that no matter what the organization's scope of activity, if it wants to establish a quality management system or an environmental management system, then such a system has a number of essential features for which the relevant standards of the ISO 9000 or ISO 14000 families provide the requirements.

"Management system" refers to the organization's structure for managing its processes - or activities - that transform inputs of resources into a product or service which meet the organization's objectives, such as satisfying the customer's quality requirements, complying to regulations, or meeting environmental objectives.

9. Maritime lien - A maritime lien is a lien on a vessel that is given to secure the claim of a creditor who provided maritime services to the vessel or who suffered an injury due to the usage of the vessel. This is also known as tacit hypothecation. Maritime lien is one of the most striking peculiarities of Admiralty law that constitutes a charge upon ships. This is a privileged claim upon maritime property, for service done to it or injury caused by it accruing from the moment when the claim attaches traveling with the property unconditionally, enforced by means of an action in rem. 10. Maritime Protest - a written statement under oath, made by the master of a vessel, after theoccurrence of an accident or disaster in which the vessel or cargo is lost or injured, with respect to the circumstances attending such occurrence. It is usually intended to show that the loss or damage resulted from a peril of the sea, or from some other cause for which neither master nor owner was responsible, and concludes with the protestation against any liability of the owner for such loss or damage.

A maritime protest is required in the following:1. Arrival under stress;2. Shipwreck;3. Collision;4. In case the vessel has gone through a hurricane or when the captain believes that the cargo has suffered damages